A custody or visitation order in Virginia typically includes a holiday schedule. As with a regular or summer custody schedule, a holiday schedule is designed with children’s best interest in mind.
A holiday schedule that maximizes the time each parent can spend with their children is often the best option for their children, as well. This means the children can spend more quality time with their parents while they are off work and create special holiday memories together.
Splitting holiday time evenly can work well when children are younger, but as children get older and are better able to express their preferences, a modification of your holiday custody schedule may be in order.
Reasons a modification may be necessary
There are many reasons that a holiday schedule may need to be modified. As children get older, they might enjoy certain traditions at a parent’s home and wish to participate in them every year. A parent’s relocation might require a change in the holiday schedule. Perhaps there are new siblings to consider, or you have remarried and your new spouse’s family holds their holiday gatherings at a different time than you did in prior years. Finally, winter sports and holiday activities through school or church may impact their schedule.
Under Virginia law, you and your co-parent always have the option to agree to a modification in your holiday schedule. Putting agreed-upon modifications in writing is usually a good idea to avoid future problems or misunderstandings.
If you want the agreed-upon modifications to be enforceable or for the schedule change to last for the remaining years that your children are minors, it is best to file the modifications with the court so they become an official part of your custody order.
What if we do not agree?
When you and your co-parent do not agree to modify holidays, you will need to petition the court for a modification, the same way you would with any other type of custody modification.
A hearing will be held, and you should be prepared to present evidence as to the changes that have occurred and why you believe the holiday schedule modification is in the children’s best interest. You’ll want to consider how to build a strong case for why the changes benefit your child. Since court schedules fill up quickly, it is best to file the modification petition as soon as you know you need or would like a new holiday schedule.
Whether you modify your holiday schedule by agreement or through a court petition, make sure the proposed modification contains all the details necessary to avoid holiday conflicts.
Holidays are stressful enough. Although we often need to be flexible when we are out of routine during the holidays, arguing over details such as exchange terms or how to resolve holiday conflicts causes unnecessary stress and wastes time.
Your modified custody schedule should include these details. Above all, remember that your goal is to create happy holiday memories for your children.